Proposal for a Council Regulation laying down technical measures for the conservation of certain stocks of highly migratory species
Date: 2006-03-08
Institutions: European Commission
Subjects: conservation of fish stocks, fisheries policy, fishery management, fishing vessel, protection of animal life

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.3.2006 
COM(2006) 100 final 

2006/0030 (CNS) 

Proposal for a 

COUNCIL REGULATION 

laying down technical measures for the conservation of certain stocks of highly 
migratory species 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1) BACKGROUND TO THE PROPOSAL 

110 

Grounds for and objectives of the proposal 

This  proposal  seeks  to  update  the  Community  rules  transposing  the  technical 
conservation  measures  for  certain  stocks  of  highly  migratory  species  adopted  within 
the  regional  fisheries  organisations  (RFOs),  responsible  for  the  management  and 
conservation of tunas and related species. 

The regional organisations in question are: 

the International Commission for the Conservation of Atlantic Tunas (ICCAT), 

- 
of which the Community has been a member since 14 November 1997; 

the Indian Ocean Tuna Commission (IOTC), of which the Community has been 

- 
a member since 18 September 1995; 

the  Inter-American  Tropical  Tuna  Commission  (IATTC);  the  Community  has 
- 
applied to join the latter and has participated in the accession process for the adoption 
of the Convention - not yet in force - for strengthening it. 

the  Western  and  Central  Pacific  Ocean  Fisheries  Commission  (WCPFC),  of 

- 
which the Community has been a member since 25 January 2005. 

120 

General background 

to 

The European Community participates in a number of regional fisheries organisations 
which  provide  a  framework  for  regional  cooperation  on  the  conservation  and 
management  of  certain  stocks  of  highly  migratory species. These organisations  adopt 
recommendations,  including  technical  measures  for  the  fixing  of  minimum  sizes  for 
fish, closed areas and seasons, and restrictions on fishing effort. The recommendations 
become binding on Contracting Parties which do not object to them. As a Contracting 
to  apply 
Party 
recommendations  adopted  to  which  it  has  raised  no  objections.  Some  of  the 
recommendations  adopted  by  the  regional  fisheries  organisations  have  already  been 
transposed 
these 
organisations  have  now  been  incorporated  in  Community  law  as  Council  Regulation 
(EC)  No  973/2001  of  14  May  2001  laying  down  technical  measures  for  the 
conservation  of  certain  stocks  of  highly  migratoty  species  (OJ  L  137,  19.5.2001),  as 
last amended by Regulation (EC) No 831/2004 (OJ L 127, 29.4.2004). 

the  Community  has  a  responsibility 

technical  measures  adopted  by 

those  organisations, 

into  Community 

law.  The 

The  adoption  by  those  organisations  of  new  technical  measures  and  the  updating  of 
those  already  in  force  since  the  above  Regulation  was  adopted  require  the  repeal  of 
Regulation (EC) No 973/2001 and its replacement by this proposal for a regulation. 

The  proposed  regulation  calls  on  the  committee  procedures  provided  for  in  Decision 
(EC) 1999/468 to ensure the implementation of the regulation and the amendment of its 
annexes. 

EN 

2 

   EN 

 
130 

Provisions in force in the field covered by the proposal 

The  technical  measures  adopted  by  the  regional  organisations  have  now  been 
incorporated in Community law as Council Regulation (EC) No 973/2001 of 14 May 
2001 laying down technical measures for the conservation of certain stocks of highly 
migratoty  species  (OJ  L  137,  19.5.2001),  as  last  amended  by  Regulation  (EC) 
No 831/2004 (OJ L 127, 29.4.2004). Technical measures include the minimum size of 
fish, the ban on the use of certain fishing gears, closed fishing areas and seasons, and 
capacity  restrictions  which  have  been  modified  at  the  annual  meetings  of  the 
organisations; the law in force should therefore be amended and updated. 

141 

Consistency with other Union policies and objectives 

The  proposal  is  in  keeping  with  the  general  pattern  of  the  sustainable  exploitation  of 
tuna  stocks  in  compliance  with  the  objectives  of  the  common  fisheries  policy  and 
contributes to sustainable development. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ANALYSES 

Consultation of stakeholders 

211 

Consultation methods, main sectors targeted and general profile of respondents 

In order to prepare the Community position in the context of the negotiations that take 
place  at  annual  meetings  of  the  regional  fisheries  organisations,  the  Commission 
consults the Member States, those involved in the industry and NGOs. 

212 

Summary of responses and how they have been taken into account 

The main sectors consulted have approved the Community position on the adoption of 
technical measures for the sustainable exploitation of tuna stocks. 

Mobilising and exploiting expertise 

Scientific areas or fields of expertise concerned 

Scientific committees of the regional fisheries organisations. 

Methodology used 

221 

222 

The  scientific  committees  assess  the  stocks  and  recommend  the  adoption  of 
management and conservation measures to ensure the sustainable exploitation of tuna 
stocks, in particular through the adoption of technical measures. 

223 

Main organisations/experts consulted 

Scientific committees of tuna regional fisheries organisations. 

EN 

3 

   EN 

 
 
 
 
 
2244 

Summary of advice received and used 

225 

226 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  been 
mentioned. The existence of such risks is universally accepted. 

The  scientific  committees  of  the  organisations  have  recommended  the  adoption  of 
technical measures to ensure the sustainable exploitation of tunas, principally through 
the  fixing  of  minimum  sizes,  closed  fishing  areas  and  seasons  and  restrictions  on 
fishing effort. 

Methods used to make the results of these expert opinions available to the public 

The opinions of the scientific committees are published on the websites of the various 
organisations. 

230 

Impact assessment 

The aim of the technical measures is to ensure the sustainable exploitation of tunas and 
in particular to reduce catches of juveniles. 

The technical measures will apply to Community fishermen fishing for tuna species in 
the Atlantic Ocean, the Mediterranean Sea, the Indian Ocean and the Pacific Ocean. 

3) LEGAL ELEMENTS OF THE PROPOSAL 

305 

Summary of the proposed measures 

Transposal  into  Community  law  of  technical  measures  adopted  by  regional  fisheries 
organisations  responsible  for  the  management  of  tuna  species  to  which  the  European 
Community is a contracting party. 

310 

Legal basis 

Article 37 of the Treaty 

329 

Subsidiarity principle 

The proposal concerns an area that falls under exclusive Community competence. The 
principle of subsidiarity does not therefore apply. 

Proportionality principle 

The proposal complies with the principle of proportionality, for the following reasons: 

331 

The  recommendations  adopted  by  the  regional  fisheries  organisations  are  directly 
enforceable against the Community and the Member States. However, in the interests 
of  clarity  and  transparency,  they  are  incorporated  in  a  Council  regulation  in  order  to 
clarify them so that they can be better applied by the Member States and fishermen. 

332 

There are no financial consequences. 

EN 

4 

   EN 

 
 
341 

342 

Choice of instruments 

Proposed instrument(s): regulation 

Other instruments would not have been appropriate, for the following reasons: 

Recommendations  adopted  by  the  regional  fisheries  organisations  are  transposed  in  a 
Council  regulation,  as  provided  for  in  Article  37  of  the  Treaty,  which  lays  down  the 
rules, the implementing procedures being laid down in a Commission regulation. 

4) BUDGETARY IMPLICATIONS 

409 

The proposal has no implications for the Community budget. 

5) ADDITIONAL INFORMATION 

510 

511 

512 

520 

570 

Simplification 

The proposal simplifies the legislative framework. 

The  measure  provides  for  the  repeal  of  Council  Regulation  (EC)  No  973/2001  of  14 
May  2001  laying  down  technical  measures  for  the  conservation  of  certain  stocks  of 
highly  migratoty  species (OJ L 137, 19.5.2001),  as last amended  by Regulation (EC) 
No 831/2004 (OJ L 127, 29.4.2004).  

The  new  regulation  will  make  it  possible  to  combine  in  a  single  regulation  all  the 
technical  measures  adopted  by  the  tuna  regional  fisheries  organisations  to  which  the 
European Community is a contracting party. 

Repeal of existing legislation 

The adoption of this proposal will mean that some legislation must be repealed. 

Detailed explanation of the proposal, by chapter or by article 

This proposal seeks to transpose technical measures adopted by the RFOs, including on 
minimum size, closed areas and seasons and restrictions on fishing effort. 

EN 

5 

   EN 

 
 
 
2006/0030 (CNS) 

Proposal for a 

COUNCIL REGULATION 

laying down technical measures for the conservation of certain stocks of highly 
migratory species 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Community has by Decision 98/392/EC3 approved the United Nations Convention 
on the Law of the Sea which contains principles and rules relating to the conservation 
and  management  of  the  living  resources  of  the  sea.  In  the  framework  of  its  wider 
international obligations, the Community participates in efforts made in international 
waters to conserve fish stocks.  

Pursuant to Decision 86/238/EEC4 the Community has been a Contracting Party to the 
International  Commission  for  the  Conservation  of  Atlantic  Tunas,  hereinafter  "the 
ICCAT Convention", since 14 November 1997.  

The  ICCAT  Convention  provides  a  framework  for  regional  cooperation  on  the 
conservation and management of tunas and tuna-like species in the Atlantic Ocean and 
adjoining  seas  through  the  setting  up  of  an  International  Commission  for  the 
Conservation  of  Atlantic  Tunas,  hereinafter  the  "ICCAT",  and  the  adoption  of 
recommendations  on  conservation  and  management  in  the  Convention  area  which 
become binding on the Contracting Parties. 

ICCAT has recommended a number of technical measures for certain stocks of highly 
migratory  species  in  the  Atlantic  and  the  Mediterranean,  specifying  inter  alia 
authorised  sizes  and  weights  of  fish,  and  restrictions  on  fishing  within  certain  areas 
and  time  periods,  with  certain  gears,  and  on  capacity.  These  recommendations  are 
binding on the Community and should therefore be implemented. 

1 
2 
3 
4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 179, 23.6.1998, p. 1. 
OJ L 162, 18.6.1986, p. 33. 

EN 

6 

   EN 

 
                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

The  Community  has  by  Decision  95/399/EC5  approved  the  Agreement  for  the 
establishment  of  the  Indian  Ocean  Tuna  Commission.  The  Agreement  provides  an 
appropriate  framework  for  closer  international  cooperation  and  the  rational  use  of 
tunas  and  related  species  in  the  Indian  Ocean  by  setting  up  the  Indian  Ocean  Tuna 
Commission, hereinafter the "IOTC", and adopting recommendations on conservation 
and management in the IOTC area which become binding on the Contracting Parties.  

The  IOTC  has  recommended  certain  technical  measures  for  certain  stocks  of  highly 
migratory species and in particular the limiting of capacity. The resolution concerned 
is binding on the Community and should therefore be implemented. 

The  Community  has  by  Decision  1999/337/EC6  signed  the  Agreement  on  the 
International  Dolphin  Conservation  Programme  and  by  Decision  1999/386/EC7 
decided to apply it on a provisional basis pending its approval. 

The  Community  has  by  Decision  2005/…./EC8  approved  the  agreement  on  the 
international programme for the conservation of dolphins. It should therefore apply the 
provisions laid down in that Agreement. 

The objectives of the Agreement include a progressive reduction of incidental dolphin 
mortalities  in  the  tuna  purse-seine  fishery  in  the  Eastern  Pacific  Ocean  to  levels 
approaching zero by setting annual limits, and the long-term sustainability of the tuna 
stocks in the Agreement Area.  

(10)  The Community has fishing interests in the Eastern Pacific Ocean and has participated 
in the procedure for the adoption of the Convention for the strengthening of the Inter-
American  Tropical  Tuna  Commission,  hereinafter  the  ‘Antigua Convention’.  By 
Decision  2005/26/EC  it  signed  the  Antigua  Convention  and  launched  the  procedure 
for becoming a party to it. Pending the entry into force of the Antigua Convention, the 
Community,  as  a  cooperating  non-contracting  party  to  the  Inter-American  Tropical 
Tuna  Commission,  hereinafter  the  ‘IATTC’,  has  decided  to  apply  the  technical 
measures adopted by the IATTC. These measures should therefore be incorporated in 
Community law.  

(11)  Since  25  January  2005  and  following  Decision  2005/75/EC9  the  Community  is  a 
Contracting Party to the Convention on the Conservation and Management of Highly 
Migratory  Fish  Stocks  in  the  Western  and  Central  Pacific  Ocean,  hereinafter  the 
‘WCPFC Convention’. 

(12)  The WCPFC Convention provides a framework for regional cooperation with a view 
to  ensuring  the  long-term  conservation  and  sustainable  exploitation  of  highly 
migratory fish stocks in the Western and Central Pacific Ocean through the setting up 
of a Fisheries Commission for the Western and Central Pacific Ocean (WCPFC). 

5 
6 
7 
8 
9 

OJ L 236, 5.10.1995, p. 24. 
OJ L 132, 27.5.1999, p. 1. 
OJ L 147, 12.6.1999, p. 23. 
OJ L […], […], p. […]. 
OJ L 32, 4.2.2005. 

EN 

7 

   EN 

 
                                                 
(13)  The  Community  should  therefore  apply  the  provisions  laid  down  in  the  Convention 

and the technical measures adopted by the WCPFC. 

(14)  The  technical  measures  adopted  by  these  regional  fisheries  organisations  have  been 
transposed  in  Council  Regulation  (EC)  No  973/2001  of  14  May  2001  laying  down 
technical measures for the conservation of certain stocks of highly migratory species10. 

(15)  The  adoption  of  new  technical  measures  by  these  organisations  and  the  updating  of 
those  in  force  since  the  adoption  of  the  above  regulation  requires  the  repeal  of 
Regulation (EC) No 973/2001 and its replacement by this Regulation. 

(16)  The limits on capacity must be determined in accordance with Article 20 of Council 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy11 

(17)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission12, 

HAS ADOPTED THIS REGULATION: 

TITLE I 
Introductory provisions 

Article 1 
Object 

This  Regulation  lays  down  technical  conservation  measures  applicable  to  the  capture  and 
landing of certain stocks of highly migratory species referred to in Annex I and to the capture 
of by-catches. 

Article 2 
Scope 

Without  prejudice  to  Article  9,  this  Regulation  shall  apply  to  vessels  flying  the  flag  of  a 
Member  State  and  registered  in  the  Community,  (hereinafter  called  ‘Community  fishing 
vessels’). 

For the purposes of this Regulation:  

Article 3 
Definitions 

10 

11 
12 

OJ  L  137,  19.5.2001,  p.1.  Regulation  as  last  amended  by  Regulation  (EC)  No  831/2004  (OJ  L  127, 
29.4.2004, p.33). 
OJ L 358, 31.12.2002, p. 59. 
OJ L 184, 17.7.1999, p. 23. 

EN 

8 

   EN 

 
                                                 
1) 

2) 

3) 

4) 

5) 

6) 

7) 

8) 

9) 

“Highly migratory species” means the species listed in Annex I; 

“Tunas and related species covered by ICCAT” means the species listed in Annex II; 

“Dolphin mortality limit” means the limit defined in Article V of the Agreement on 
the International Dolphin Conservation Programme13. 

“Leisure  fisheries”  means  fishing  activities  exploiting  living  aquatic  resources  for 
recreation or sport. 

“Encircling  nets”  means  nets  which  catch  fish  by  surrounding  them  both  from  the 
sides and from below; they may or may not be equipped with a purse line. 

“Longlines”  means  a  fishing  gear  which  comprises  a  main  line  carrying  numerous 
hooks  on  branch  lines  (snoods)  of  variable  length  and  spacing  depending  on  the 
target species. It may be deployed either vertically or horizontally to the sea surface; 
it  may  be  set  either  at  or  near  the  bottom  (bottom-set  longline)  or  drifting  in 
midwater or near the surface (surface longline). 

“Hooks” means a bent, sharpened piece of steel wire usually with barb. The point of 
a  hook  may  be  either  straight  or  even  reversed  and  curved.  The  shank  can  be  of 
varying  length  and  form  and  its  cross  section  can  be  round  (regular)  or  flattened 
(forged). The total length of a hook shall be measured as the maximum overall length 
of  the  shank  from  the  tip  of  the  hook  which  serves  for  fastening  the  line  and  is 
usually  shaped  as  an  eye,  to  the  apex  of  the  bend.  The  width  of  a  hook  shall  be 
measured as the greatest horizontal distance from the external part of the shank to the 
external part of the barb. 

“Fish-aggregating devices (FADs)” means any equipment floating on the sea surface 
and aggregating underneath either juveniles or adult specimens of highly migratory 
species. 

“Purse  seines”  means  any  encircling  net  the  bottom  of  which  is  drawn  together  by 
means of a purse line at the bottom of the net, which passes through a series of rings 
along the groundrope, enabling the net to be pursed and closed. Purse seines may be 
used to catch small pelagic species, large pelagic species or demersal species. 

Article 4 
Areas 

For the purposes of this Regulation, the following definitions of maritime waters shall apply: 

(1) 

Area 1 

All waters of the Atlantic Ocean and adjacent seas included in the ICCAT Convention area 
specified in Article 1 of that Convention. 

13 

OJ L 132, 27.5.1999, p. 1. 

EN 

9 

   EN 

 
                                                 
(2) 

Area 2 

All waters of the Indian Ocean covered by the Agreement for the establishment of the IOTC 
as defined in Article 2 thereof; 

(3) 

Area 3 

All  waters  of  the  Eastern  Pacific  Ocean  as  defined  in  Article  3  of  the  Agreement  on  the 
International Dolphin Conservation Programme. 

(4) 

Area 4 

All  waters  of  the  Eastern  and  Central  Pacific  Ocean  as  defined  in  Article  3  of  the  WCPFC 
Convention. 

TITLE II 
Technical measures applicable in Area 1 

Chapter 1 
Restrictions on the use of certain types of vessels and gears 

Article 5 
Protection of bigeye tuna in certain tropical waters 

1. 

Fishing  by  purse  seiners  and  pole-and-line  vessels  shall  be  prohibited  during  the 
period 1 to 30 November in the following areas:  

- Southern limit: parallel 0° South latitude; 

- Northern limit: parallel 5° North latitude; 

- Western limit: meridian 20° West longitude; 

- Eastern limit: meridian 10° West longitude. 

2. 

Membe  States  shall  send  the  Commission  each  year  by  15  August  at  the  latest  a 
report  on  the  implementation  of  this  measure,  including  where  applicable  a  list  of 
breaches  committed  by  Community  fishing  vessels flying  their  flag  and  being 
pursued by their competent authorities. 

Article 6 
Bluefin tuna fishing in the Mediterranean 

1. 

Fishing  for  bluefin  tuna  with  encircling  nets  in  the  Mediterranean  Sea  shall  be 
prohibited from 16 July to 15 August. 

EN 

10 

   EN 

 
2. 

3. 

4. 

Fishing for bluefin tuna in the Mediterranean using surface-set longlines from vessels 
greater than 24 metres in length shall be prohibited during the period from 1 June to 
31 July. The length of the vessels shall be defined in accordance with Annex III. 

The use of aeroplanes or helicopters in support of fishing operations for bluefin tuna 
in the Mediterranean Sea shall be prohibited during the period from 1 to 30 June. 

The  definition  of  the  periods  and  areas  referred  to  in  this  Article  and  the  length  of 
vessels given in Annex III may be amended by the Commission pursuant to ICCAT 
recommendations  which  are  binding  on  the  Community  in  accordance  with  the 
procedure laid down in Article 30. 

Article 7 

Fishing for skipjack, bigeye and yellowfin tuna in certain Portuguese waters 

It  shall  be  prohibited  to  retain  on  board  any  quantity  of  skipjack,  bigeye  or  yellowfin  tuna 
caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES 
subarea X north of 36°30' N or in CECAF areas north of 31° N and east of 17°30' W, or to 
fish for those species in the said areas with the said gears. 

Chapter 2 
Minimum Size 

Article 8 
Sizes 

1. 

2. 

1. 

2. 

A  species  shall  be  considered  undersized  if  its  dimensions  are  smaller  than  the 
minimum dimensions specified in Annex IV for the relevant species. 

The  dimensions  set  out  in  Annex  IV  may  be  modified  pursuant  to  ICCAT 
recommendations which are binding on the Community and in accordance with the 
procedure laid down in Article 30. 

Article 9 
Prohibitions 

Undersized fish of the species listed in Annex IV which are captured in Area 1 shall 
not  be  retained  on  board  or  transshipped,  landed,  transported,  stored,  displayed  or 
offered for sale, sold or marketed. These species shall be returned immediately to the 
sea. 

The release for free circulation or marketing in the Community of undersized fish of 
the species listed in Annex IV originating in third countries and captured in Area 1 
shall be prohibited. 

EN 

11 

   EN 

 
 
1. 

2. 

1. 

2. 

3. 

4. 

1. 

Article 10 
Measurement of size 

All species with the exception of istiophoridae shall be measured fork length, that is 
to say the vertical distance drawn from the tip of the upper jaw to the extremity of the 
shortest caudal ray. 

The size of istiophoridae shall be measured from the tip of the lower jaw to the fork 
of the caudal fin. 

Article 11 
Sampling procedure for bluefin tuna cages 

Each Member State shall establish a sampling procedure for estimating the number 
by size of bluefin tuna captured.  

Sampling by size in cages shall be carried out on a sample of 100 specimens per 100 
tonnes of live fish or on a sample of 10% of the total number of fish placed in a cage. 
The size sample shall be taken during harvesting at the farm, in accordance with the 
method adopted by the ICCAT for notifying data as part of Task II.  

Additional methods and samplings shall be developed for fish reared for more than 
one year. 

Sampling  shall  be  carried  out  during  a  harvest  taken  at  random  and  shall  cover  all 
cages. The data shall be notified to the ICCAT by 31 July for sampling carried out 
the previous year.  

Chapter 3 
Restrictions on the number of vessels 

Article 12 
North Atlantic bigeye and albacore tuna 

The  Council,  acting  in  accordance  with  the  procedure  laid  down  in  Article  20  of 
Regulation  (EEC)  No  2371/2002,  shall  determine  the  number  and  total  capacity  in 
gross registered tonnage (GRT) of Community fishing vessels greater than 24 metres 
in  length  fishing  in  Area  1  for  bigeye  tuna  as  a  target  species.  These  shall  be 
determined: 

(a) 

as the average number and the capacity in GRT of Community fishing vessels 
fishing in Area 1 for bigeye tuna as a target species during the period 1991 to 
1992, and 

(b)  on the basis of the restriction on the number of Community vessels fishing for 

bigeye tuna in 2005 notified to ICCAT on 30 June 2005. 

2. 

The  Council,  acting  in  accordance  with  the  procedure  laid  down  in  Article  20  of 
Regulation (EEC) No 2371/2002, shall determine the number of Community fishing 

EN 

12 

   EN 

 
vessels  fishing  for  North  Atlantic  albacore  tuna  as  a  target  species.  The  number  of 
vessels  shall  be  fixed  as  the  average  number  of  Community  fishing  vessels  fishing 
for North Atlantic albacore tuna as a target species during the period 1993 to 1995. 

3. 

The  Council,  acting  in  accordance  with  the  procedure  laid  down  in  Article  20  of 
Regulation (EC) No 2371/2002, shall distribute among the Member States: 

(a) 

the number and capacity in GRT determined in accordance with paragraph 1; 

(b) 

the number of vessels determined in accordance with paragraph 2. 

4. 

Before  15  May  each  year  each  Member  State  shall  send  the  Commission  by  the 
customary means of data transmission: 

(a) 

(b) 

a list of vessels flying its flag and greater than 24 metres in length fishing for 
bigeye tuna;  

a list of vessels flying its flag and participating in a fishery targeting albacore 
tuna in the North Atlantic. 

The Commission shall send this information to the ICCAT Secretariat before 31 May 
each year. 

5. 

The  lists  referred  to  in  paragraph  4  shall  give  the  internal  fishing  fleet  register 
number assigned to the vessel in accordance with Annex I to Commission Regulation 
(EC)  No  26/2004  of  30  December  2003  on  the  Community  fishing  fleet  register14 
and the type of gear used. 

Chapter 4 
 Species not targeted and sport fishing 

Article 13 
Marlins 

Member States shall encourage the use of monofilament streamer lines on swivels so that live 
blue marlins and white marlins may be easily released. 

Article 14 
Sharks 

1. 

2. 

The Member States shall encourage the release of live sharks captured accidentally, 
in particular juveniles. 

The Member States shall encourage the reduction of discards of sharks by improving 
the selectivity of fishing gears. 

14 

OJ L 5, 9.1.2004, p. 25. 

EN 

13 

   EN 

 
                                                 
Article 15 
Turtles 

The Member States shall encourage the release of live sea turtles captured accidentally. 

Article 16 
Sport fishing in the Mediterranean 

1. 

2. 

Member  States  shall  take  the  measures  necessary  to  prohibit  the  use  in  the 
Mediterranean  for  sport  and  recreational  fishing  activities  of  towed  nets,  encircling 
nets, purse seines, dredges, gillnets, trammel nets and longlines to fish for tuna and 
related species. 

Member States shall ensure that  tuna and related species  captured during sport and 
recreational fishing in the Mediterranean are not marketed. 

Article 17 
Report 

The Member States shall send the Commission not later than 15 August each year a report on 
the implementation of this Chapter. 

TITLE III 
Technical measures applicable in Area 2 

Chapter 1 
Restrictions on the number of vessels 

Article 18 
Number of authorised vessels 

1. 

2. 

The  Council,  acting  in  accordance  with  the  procedure  laid  down  in  Article  20  of 
Regulation (EEC) No 2371/2002, shall determine the number of Community fishing 
vessels  greater  than  24  metres  in  length  overall  authorised  to  fish  in  Area  2.  The 
number of vessels is set at the number of Community fishing vessels registered in the 
IOTC  vessels  register  in  2003.  The  restriction  on  the  number  of  vessels  must 
correspond to the overall gross tonnage (GT) ; where vessels are replaced the overall 
tonnage must not be exceeded. 

The  Council,  acting  in  accordance  with  the  procedure  laid  down  in  Article  20  of 
Regulation  (EC)  No  2371/2002, shall  distribute  among  the  Member  States  the 
number of vessels determined in accordance with paragraph 1. 

EN 

14 

   EN 

 
Chapter 2 
Species not targeted 

Article 19 
Sharks 

1. 

2. 

1. 

2. 

The  Member  States  shall  do  their  utmost  to  encourage  the  release  of  live  sharks 
caught accidentally, in particular juveniles. 

The Member States shall encourage the reduction of discards of sharks. 

Article 20 
Turtles 

The  Member  States  shall  do  their  utmost  to  reduce  the  impact  of  fishing  on  sea 
turtles, in particular by applying the measures provided for in paragraphs 2, 3 and 4. 

The use of all fishing gear shall be subject to the following conditions: 

(a) 

(b) 

appropriate  handling,  including  the  resuscitation  or  prompt  release  of  sea 
turtles caught accidentally (by hooks or nets) or as by-catch; 

the  presence  on  board  of  equipment  necessary  for  the  release  of  sea  turtles 
caught accidentally or as by-catch; 

3. 

The use of the purse seine shall be subject to the following conditions: 

(a) 

an obligation to avoid, where possible, encircling sea turtles; 

(b) 

(c) 

(d) 

the  development  and  application  of  specifications  for  appropriate  gear  for 
minimising by-catches of sea turtles; 

the adoption of all the measures necessary for releasing encircled or caught sea 
turtles. 

the  adoption  of  all  the  measures  necessary  for  monitoring  fish-aggregating 
devices in which sea turtles could be caught, to release those taken and recover 
devices that are not used. 

4. 

The use of longlines shall be subject to the following conditions: 

(a) 

(b) 

the development and putting in place of combinations of hook shapes, type of 
lures,  depth  and  design  of  nets  and  fishing  practices  to  minimise  accidental 
catches or by-catches and mortality of sea turtles. 

the presence on board of equipment necessary for releasing sea turtles caught 
accidentally or as by-catch, including tools for unhooking them or cutting the 
lines and landing nets. 

EN 

15 

   EN 

 
TITLE IV 
Technical measures applicable in Area 3 

Article 21 
Transhipment 

1. 

2. 

1. 

2. 

3. 

1. 

The  use  of  ancillary  vessels  to  support  vessels  fishing  with  the  aid  of  fish-
aggregating devices shall be prohibited. 

Transhipments at sea by seiners shall be prohibited. 

Article 22 
Restrictions on the number of vessels 

The  Council,  acting  in  accordance  with  the  procedure  laid  down  in  Article  20  of 
Regulation (EEC) No 2371/2002, shall determine the number of Community seiners 
authorised  to  fish  in  Area  3.  The  number  of  vessels  shall  be  set  at  the  number  of 
Community seiners registered in the IATTC register on 28 June 2002. 

Member States shall forward to the Commission, before 10 December each year, a 
list of the vessels flying their flag and intending to fish for tuna in Area 3. Vessels 
which  are  not  included  in  that  list  shall  be  regarded  as  inactive  and  shall  not  be 
authorised to fish during the current year. 

The  lists  shall  mention  the  internal  fishing  fleet  register  number  assigned  to  the 
vessel in accordance with Annex I to Commission Regulation (EC) No 26/2004 of 30 
December 2003 on the Community fishing fleet register, and the type of gear used. 

Article 23 
Protection of dolphins 

Only  Community  fishing  vessels  operating  under  the  conditions  laid  down  in  the 
Agreement on the International Dolphin Conservation Programme which have been 
allocated a Dolphin Mortality Limit (DML) shall be authorised to encircle schools or 
groups of dolphins with purse seines when fishing for yellowfin tuna in Area 3. 

Article 24 
Requests for DMLs 

Member States shall send the Commission before 15 September each year: 

(a) 

(b) 

a list of vessels flying their flag with a load capacity greater than 363 metric tonnes 
(400 net tonnes) which have applied for a DML for the whole of the following year; 

a list of vessels flying their flag with a load capacity greater than 363 metric tonnes 
(400  net  tonnes)  which  have  applied  for  a  DML  for  the  first  or  second  half  of  the 
following year; 

EN 

16 

   EN 

 
(c) 

(d) 

1. 

2. 

3. 

4. 

5.. 

1. 

2. 

1. 

for  each  vessel  requesting  a  DML,  a  certificate  stating  that  the  vessel  had  all  the 
proper gears and equipment to protect dolphins and that its captain had completed an 
approved training course on rescuing and releasing dolphins. 

a list of vessels flying their flag which are likely to operate in the area in the course 
of the following year. 

Article 25 
Allocation of DMLs 

The  Member  States  shall  ensure  that  applications  for  DMLs  comply  with  the 
conditions  laid  down  in  the  Agreement  on  the  International  Dolphin  Conservation 
Programme and the conservation measures adopted by the IATTC.  

The  Commission  shall  examine  the  lists  and  ensure  that  they  comply  with  the 
provisions of the Agreement on the International Dolphin Conservation Program and 
the conservation measures adopted by the IATTC and shall send them to the Director 
of the IATTC. Where this examination reveals that the application does not meet the 
conditions  referred  to  in  this  paragraph,  the  Commission  shall  immediately  inform 
the  Member  State  concerned  that  it  cannot  send  all  or  part  of  an  application  to  the 
Director of the IATTC, stating its reasons. 

The  Commission  shall  communicate  to  each  Member  State  the  overall  DML  to  be 
distributed among the vessels flying their flag. 

Each Member State shall send the Commission the breakdown of the DMLs among 
the vessels flying the flag of that Member State by 15 January each year. 

The Commission shall send the Director of the IATTC the list and breakdown of the 
DMLs between Community fishing vessels by 1 February each year. 

Article 26 
Protection of other species not targeted 

Purse seine vessels shall promptly release unharmed, to the extent practicable, all sea 
turtles, sharks, skipjack tuna, billfishes, rays, dorado, and other non-target species.  

Fishermen  shall  be  encouraged  to  develop  and  use  techniques  and  equipment  to 
facilitate the rapid and safe release of any such animals. 

Article 27 
Turtles 

Whenever  a  sea  turtle  is  sighted  in  the  net,  all  reasonable  efforts  shall  be  made  to 
rescue the turtle before it becomes entangled in the net, including, if necessary, the 
deployment of a speedboat. 

EN 

17 

   EN 

 
2. 

3. 

4. 

5. 

6. 

If a sea turtle is entangled in the net, net roll shall stop as soon as the turtle comes out 
of  the  water  and  shall  not  start  again  until  the  turtle  has  been  disentangled  and 
released. 

If  a  sea  turtle  is  brought  on  board  a  vessel,  all  appropriate  methods  to  assist  in  the 
recovery of the turtle shall be made before returning it to the water, 

Tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type 
of plastic rubbish at sea. 

Where possible sea turtles caught in fish-aggregating devices and other fishing gear 
must be released 

Fish-aggregating devices which are not used for fishing must be recovered. 

TITLE V 
Technical measures applicable in Area 4 

Article 28 
Waste reduction 

The  Member  States  shall  take  measures  to  reduce  to  the  minimum  waste,  discards,  catches 
taken by lost or abandoned gear, pollution from fishing vessels, catches of fish and animals of 
species not targeted and repercussions for related or dependent species, in particular species 
threatened with extinction. 

TITLE VI 
General provisions 

Article 29 
Marine mammals 

1 

2. 

The encircling with purse seines of any school or group of marine mammals shall be 
prohibited.  

Paragraph 1 shall apply to all Community fishing vessels with the exception of the 
vessels referred to in Article 23. 

EN 

18 

   EN 

 
TITLE VII 
Final provisions 

Article 30 
Comitology 

The measures to be taken under Articles 6(4) and 8(2) shall be adopted in accordance with the 
procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002. 

Regulation (EC) No 973/2001 is hereby repealed. 

Article 31 
Repeal 

Article 32 
Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union.  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the Council 
The President 

EN 

19 

   EN 

 
 
 
 
 
ANNEX I 

List of highly migratory species 

–  Albacore: Thunnus alalunga 

–  Bluefin tuna: Thunnus thynnus 

–  Bigeye tuna: Thunnus obesus 

–  Skipjack tuna: Katsuwonus pelamis 

–  Atlantic bonito: Sarda sarda 

–  Yellowfin tuna: Thunnus albacares 

–  Blackfin tuna: Thunnus atlanticus 

–  Little tuna: Euthynnus spp. 

–  Southern bluefin tuna: Thunnus maccoyii 

–  Frigate tuna: Auxis spp. 

–  Oceanic sea breams: Bramidae 

–  Marlins: Tetrapturus spp.; Makaira spp. 

–  Sailfish: Istiophorus spp. 

–  Swordfish: Xiphias gladius 

–  Sauries: Scomberesox spp.; Cololabis spp. 

–  Dolphinfish; common dolphinfish: Coryphaena hippurus; Coryphaena equiselis 

–  Sharks:  Hexanchus  griseus;  Cetorhinus  maximus;  Alopiidae  Rhincodon 

typus; 

Carcharhinide; Sphyrnidae; Isuridae; Lamnidae 

–  Cetaceans 

(whales 

and  porpoises):  Physeteridae;  Balenidae;  Eschrichtiidae; 

Monodontidae; Ziphiidae; Delphinidae. 

EN 

20 

   EN 

 
ANNEX II 

ICCAT list of tunas and related species 

–  Bluefin tuna: Thunnus thynnus 

–  Southern bluefin tuna: Thunnus maccoyii 

–  Yellowfin tuna: Thunnus albacares 

–  Albacore tuna: Thunnus alalunga 

–  Bigeye tuna: Thunnus obesus 

–  Blackfin tuna: Thunnus atlanticus 

–  Little tuna: Euthynnus alletteratus 

–  Skipjack: Katsuwonus pelamis 

–  Atlantic bonito: Sarda sarda 

–  Frigate tuna: Auxis thazard 

–  Frigate tuna: Auxis rochei 

–  Palomette: Orcynopsis unicolor 

–  Wahoo: Acanthocybium solandri 

–  Chub mackerel: Scomberomorus maculatus 

–  King mackerel: Scomberomourus cavalla 

–  West African Spanish mackerel: Scomberomorus tritor 

–  Serra Spanish mackerel: Scomberomorus brasilliensis 

–  Cero: Scomberomorus regalis  

–  Sailfish: Istiophorus albicans 

–  Black marlin: Makaira indica 

–  Blue marlin: Makaira nigricans 

–  White marlin: Tetrapturus albidus 

–  Swordfish: Xiphias gladius 

–  Long-bill spearfish: Tetrapturus pfluegeri 

EN 

21 

   EN 

 
ANNEX III 

Length of vessels (Article6(2)) 

ICCAT definition of the length of vessels: 

–  for  any  fishing  vessel  built  after  18  July  1982,  96%  of  the  total  length  on  a  waterline  at 
85% of the least moulded depth measured from the top of the keel, or the length from the 
foreside of the stem to the axis of the rudder stock on that waterline, if this be greater. In 
ships designed with a rake of keel, the waterline on which this length is measured shall be 
parallel to the designed waterline; 

–  for any fishing vessel built before 18 July 1982, registered length as entered in the national 

registers or other record of vessels. 

EN 

22 

   EN 

 
MINIMUM SIZES 

ANNEX IV 

(Article 8(1)) 

Species 

Minimum size 

Bluefin tuna (Thunnus thynnus) (2) 

6.4 kg or 70 cm 

Bluefin tuna (Thunnus thynnus) (3) 

10 kg or 80 cm 

Swordfish (Xiphias gladius) (1) 

25 kg or 125 cm (lower mandible) 

(1) this minimum size is applicable only in the Atlantic Ocean 

(2) this minimum size is applicable only in the Eastern Atlantic Ocean 

(3) this minimum size is applicable only in the Mediterranean Sea 

EN 

23 

   EN